E-justice and Electronic Document Management as a Condition for Modernization of Regulatory Business Environment

Laptev, Vasiliy A.; Solovyanenko, N.I.

doi:10.18572/1812-3791-2017-2-16-21

Cited by 6 publications

(2 citation statements)

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“…As we can see, the contract is executed and signed not only in electronic form, but also on paper. In this regard, the literature rightly raises the question of establishing the moment of expressing a person's will to make a transaction (Laptev & Solovyanenko, 2022).…”

Section: Contracts Concluded Remotely In Notarized Form (Certified By...mentioning

confidence: 99%

Remote Methods of Conducting Transactions Using Digital Technologies

Savelyeva

2023

JDTL

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Objective: to substantiate the need to identify new contractual constructs (models) taking into account the specific relations associated with the use of remote method of contract conclusion through digital technologies and to study the possible risks for their participants.Methods: along with special legal methods, the method of critical analysis was fundamental for the research process, which allowed us to evaluate and interpret the main sources and norms of civil law in relation to distant transactions. It also allowed assessing the current state of legislation in this area in the context of developing processes of digitalization and technologization of civil-law relations.Results: a critical analysis of the current state of legal regulation of remote ways of concluding contracts is presented, their classification is given. It is concluded that the digital technologies development gives rise to new remote ways of transactions, as well as fills with new content the procedures of contract conclusion, traditional for civil law. The expediency of singling out the concept of a “distant transaction” as a legal category in order to create a special civil-law regime is substantiated, and the basic concept being that of a “distant contract”. Certain types of distant contracts are analyzed to substantiate the need for special legal regimes in cases when the distant method of contract conclusion is combined with the use of digital technologies. It poses such problems as the distribution of risks of technological failures, hacker attacks, compliance with the balance of interests of the parties taking into account information asymmetry, and the need to protect the weaker party.Scientific novelty: an attempt is made to define such concepts as a “distant contract” and a “distant transaction” and to identify their features. The expediency is substantiated of considering a distant contract as a separate legal construction (model) of the contract. Within this framework, a special legal regime should be developed and fixed, which can be extended to unilateral distant transactions. The problems of legal regulation caused by the use of information technologies are formulated, and legal constructions for their solution are proposed.Practical significance: the final conclusions and proposals can be used both in contractual practice by the participants of civil turnover and for the normative consolidation of the concept and features of “distant contract”, “distant transaction”. A special legal regime can be created, taking into account the specificity generated by the use of digital technologies.

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Section: Contracts Concluded Remotely In Notarized Form (Certified By...mentioning

confidence: 99%

Remote Methods of Conducting Transactions Using Digital Technologies

Savelyeva

2023

JDTL

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“…are really more related to either electronic document management or court Informatization. This section also includes issues related to digital signature technologies [18].…”

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Artificial Intelligence and E-Justice

Shpinev¹

2020

About the Legal Nature of Investments

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The author highlights the features of digital justice in the most developed countries, as well as various scientific approaches to the concept of electronic and digital justice. The negative and positive aspects in the development of digital justice are highlighted, as well as the main problems voiced by legal scientists and suggestions for their solution are described. The article describes the author's position on the need to discuss the issue of mandatory use of a polygraph when interviewing candidates for the position of judges.

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E-Justice in Russia

Laptev

2024

Law, Governance and Technology Series

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E-justice and Electronic Document Management as a Condition for Modernization of Regulatory Business Environment

Cited by 6 publications

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Remote Methods of Conducting Transactions Using Digital Technologies

Remote Methods of Conducting Transactions Using Digital Technologies

Artificial Intelligence and E-Justice

E-Justice in Russia

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